1966-01CONTRACT AND AGREEMENT
THIS CONTRACT, made and entered into this 14th day of
December, 1966, by and between the CITY OF CLERMONT,
Florida, hereinafter called, the OWNER and MICHAELS ENGINEERING
CO., of Orlando;. Florida, hereinafter called the ENGINEERS):
WITNESSETH:
That for and in consideration of the mutual
covenants and agreements, hereinafter contained, the parties hereto for
themselves, their succcssors and assigns, have mutuall y appeared and do
agree with each other as follows:
ARTICLE 1.
Tne OWNER does hereby employe the ENGINEERS
as City Engineers and Consulting Engineers in connection with
sewerage collection and disposal project which is now under
by the OWNER. This does not in any way, prohibit the OWNER from
employing other engineers for other specific projects.
SCOPE: The scope of the work to be included under this contract
is meant to cover any engineering services requested by the OWNER
in connection with or rising out of the present sewerage collection system,
and treatment project as set out above.
'NOW. THEREFORE. the OWNER and the ENGINEER for these
considerations hereinafter set forth agree as follows;
SECTION 1 - BASIC SERVICES OF THE ENGINEE R
A, General
1. The ENGINEER agrees to
services in connection with
inafter stated.
2. The ENGINEER shall serve as the OWNER'S
professional representative in all phases of
the PROJECT, and shall give consultation and
advice to the OWNER during the performance
of his services.
B. Preliminary Report Phase:
During the preliminary report phase the ENGINEE R
shall:
1. Consult with the OWNER to determine the require-
ments of the PROjECT.
2. Provide consultation and advice as to the neces-
sity of providing or obtaining other services such
as: property, boundary, right-of-way, topographic
and utility surveys; core bearings, probings or
subsurface explorations; hydrographic surveys;
and laboratory testing and inspection of samples
or other materials; other special consultation;
and act as the OWNER'S representative in con-
nection with any such services.
3. Prepare a preliminary engineering study and report
of the PROJECT, in sufficient detail to indicate
clearly the problems involved and the alternate
solutions available to the OWNER, to include
schematic layouts and sketches and general cost
estimates for the PROJECT, and to set forth the
ENGINEER'S recommendations.
C.- Preliminary Design Phase:
After written authorization to proceed with the prelim-
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inary design phase the ENGINEER shall:
1. Provide consultation and advice as to the neces-
sity of obtaining further services from others of
the types described in paragraph 1. B. 2. above,
and act as the OWNER'S representative in con-
nection with any such services.
2. On the basis of the approved preliminary engin-
eering study and report and the data obtained as
a result of such further services, prepare pre-
limimiry design documents consisting of design
criteria, drawings and outline specifications to
develop and establish the scope of the PROJECT.
3. Furnish five copies of the above preliminary de-
sign documents and cost estimates.
D. Final Design Phase:
After written authorization to proceed with the final
design phase the ENGINEER shall:
1. On the basis of the approved preliminary design
documents prepare detailed construction drawings
and specifications for the PROJECT.
2. Furnish to the OWNER engineering data for and
assist in the preparation of the required documents
so that the OWNER may secure approval of such
governmental authorities as have jurisdiction over
design criteria applicable to the PROJECT.
3. Advise the OWNER of any adjustment of the cost
estimate for the PROJECT caused by changes in
scope, design requirements or construction costs
and furnish a revised cost estimate for the PROJECT
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based on the completed drawings and specifi -
cations,
4. Prepare proposal forms and notice to bidders and
assist in the preparation of the Contract Documents,
5. Furnish ten copies of the Contract Documents con-
sisting of construction agreement forms, generai
conditions, special provisions, detailed construc-
tion drawings and specifications.
6. Assist the OWNER in obtaining and evaluating
bids and awarding contracts for the construction
of tlie PROJECT.
E. Construction Phase:
After written authorization to proceed with the con-
struction phase the ENGINEER shall:
1. Make periodic visits to the site to observe the pro-
gress and quality of the executed work and to de-
termine in general if the work is proceeding in ac-
cordance with the Contract documents: he will not
be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of
the work. At the OWNER'S discretion ENGINEER
Will provide a resident supervisor on the job to pro-
vide close and constant supervision of the work being
done at a rate and under conditions as later agreed
by OWNER and ENGINEER. ENGINEE R will not be
responsible for the Contractors failure to perform
the construction work in accordance with the Con-
tract Documents; and during such visits and on the
basis of his on-site observations as an experienced
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and qualified professional, he will keep the
OWNER informed of the progress of the work,
will endeavor to guard the OWNER against de-
fects and deficiencies in the work of the Contractors,
and may disapprove work as failing to conform to
the Contract Documents.
2. Check and approve samples, catalog data, schedules,
shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the
Contractor is required to submit, only for conform-
ance with the design concept of the PROJECT and
compliance with the information given by the Con-
tract .Documents; and assemble written guarantees
which are required by the Contract Documents.
3. Consult with and advise the OWNER, act as the
OWNER'S representative at the PROJECT site, is-
sue all instructions of the OWNE R to the Contractor
and prepare routine change orders as required.
4. Based on his on -site observations as an experienced
and qualified design professional and on his review
of the contractors' applications for payment, deter-
mine the amount owing to the Contractors and ap-
prove in writing, payment to the Contractors in such
amounts; such approvals of payment to constitute a
representation to the OWNER, based on such obser-
vations and review and the date comprising such ap-
plications, that the work has progressed to the point
indicated and that, to the best of his knowledge, in-
formation and belief, the quality of the work is in .ac-
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cordance with the Contract Documents, sub-
ject to the results of any subsequent test called
for in the Contract Documents and any qualifi-
cations stated in his approval.
5. Conduct, in company with. the OWNER, a final
inspection of the PROJECT for conformace with
the design concept of the PROJECT and compliance
with the information given by the Contract Docu-
ments, and approve in writing final payment to
the Contractors.
SECfION 11 - ADDITIONAL SERVICES OF THE ENGINEER
A. General:
If authorized in writing by the OWNER. the ENGINEER
shall furnish additional services of the following types
which will be paid for by the OWNER as indicated in
paragraph V. B.
1. Furnish property, boundary, right-of-way, top-
agraphic and utility surveys; core bearings, probings,
or subsurface explorations; hydrographic 'surveys;
laboratory testing and inspection of samples or
materials; and other special consultation.
2. Additional services due to significant changes in ~en-
eral scope of the PROJECT or its design including,
but not limited to, changes in size, complexity, or
character of construction.
3. Revising previously approved studies, reports, de-
sign documents, drawings or specifications.
4.
Serving as an expert witness for the OWNER in
any litigation or other proceeding involvillg the
PROJECT.
B. Resident Project Services:
If authorized by the OWNER, the ENGINEER will pro-
vide Resident Project Representation, to be paid for
under Sec. V. B. 2.
SECTION III - THE OWNER'S RESPONSIBILITIES
The OWNER shall:
A. Provide full information as to his requirements for the
PROJECT.
B. Assist the ENGINEER by placing at his disposal all avail-
able information pertinent to the site of the PROJECT in -.
eluding previous reports and any other data relative to
design of construction of the PROJECT.
C. Guarantee access to and make all provisions for the EN-
GINEER to enter upon public and private lands as re-
quired for the ENGINEER to perform his work under this
Agreement.
D. Examine all studies, reports, sketches, estimates, draw-
ings, specifications, proposals and other documents pre-
sented by the ENGINEER and shall render in writing de-
cisions pertaining thereto within a reasonable time so as
not to delay the work of the ENGINEER.
E. Advertise for proposals from bidders, open the proposals
at the appointed time and place, and pay for all costs in-
cident thereto.
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F. Provide such legal, accounting and insurance counseling
services as may be required for the PROJECT.
G. Designate in writing a person to act as OWNER'S repre-
sentative with respect to the work to be performed under
this Agreement; and such person shall have complete
authority to transmit instructions, receive information,
interpret and define OWNER'S policies and decisions
with respect to materials, equipment elements and sys-
tems pertinent to the work covered by this Agreement.
H. Give prompt written notice to the ENGINEER whenever
the OWNER observes or otherwise becomes aware of
any defect in the PROJECT.
I. Obtain approval of all governmental authorities having
jurisdiction over the PROJECT and such approvals and
consents from such other individuals or bodies as may
be necessary for completion of the PROJECT.
j. Furnish, or direct the ENGINEER to provide at the
OWNER'S expense, necessary additional services as
stipulated in Section 11 of this Agreement, or otherwise
as required.'
SECTION lV - PERIOD OF SERVICE
A. The services called for in the preliminary report phase
of this Agreement shall be completed and the report sub-
mitred within sixty (60) days following authorization for
the ENGINEER to proceed.
B. After acceptance by the OWNE R of the preliminary re-
port and general cost estimate, indicating any specific
modifications or changes in scope desired by the
OWNER, and upon written authorization from the
OWNER, the ENGINEER shall proceed with the per-
formance of the services called for in the prelim-
inary design phase of this Agreement, and shall sub-
mit preliminary design documents and cost estimates
within sixty (60) days following authorization for the
ENGINEER to proceed.
c. After acceptance by the OWNER of the preliminary
design documents and revised cost estimates, in-
dicating any specific modifications or changes in
scope desired by the OWNER, and upon written auth-
orization from the OWNE R, the 'ENGINEER will pro-
ceed with the performance of the services called for
in the final design phase of this Agreement, so as to
deliver completed detailed construction drawings,
specifications and cost estimates for all authorized
work on the PROJECT within two hundred fifty (250)
days thereafter.
D. Unless sooner terminated as provided in paragraph Vl. A,
this Agreement shall remain in force: (1) for a period
which may reasonably be required for the design, award
of contracts and construction of the PROJECT, including
extra work and any required extension thereto; or (2),
in case construction is not commenced, for a period of
twelve (12) months after the completion of the services
called for in that phase of the work last authorized. .
SECTION V - PAYMENTS TO THE ENGINEER
A. Payments for Balic Services of the ENGINEER under
Section 1 for the Subject Project:
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1. The OWNER shall pay the ENGINEER for services
under Section 1-B - Prelimipary Report Phase, a
mutually agreed upon lump sum, upon the sub-
mission of the Preliminary Engineering Report. ·
2. For services provided under Section 1, paragraphs
C, D, and E when authorized by the OWNER, the
ENGINEER will receive compensation according
to the following schedule based upon Project Con-
struction Costs.
TABLE 1
If the Cumulative Construction Cost of
Each Contractual Division of Work is:
The Fee for Such Contract-
ual Division shall be:
More than $20,000 & less than $200,000
8. 50% of construction cost
More than $200,000 & less than $350,000
More than $350,000 & less than $550,000
More than $550,000 & less than $750,000
More than $750,000 & less than $1,000,000
8.50% of of construction cost
7. 50% of construction cost
7.00% of construction cost
6.75% of construction cost
More than $1,000,000 & less than $1, 500,000
6.50% of construction cost
More than $1,500,000 & less than $2,000,000
More than $2,000,000 & less than $3,000,000
6.25% of construction cost
6.00% of construction cost
3. Payments on account of said fee for basic services
provided in V. A. 2, above shall be made as follows:
20 per cent of fee
60 per cent of fee
(c) Construction phase 20 per cent of fee
Payments for additional services of the ENGINEER under
(a) Preliminary design phase
(b) Final design phase
B.
Section 11:
1. Furnishing services under 11. A. 1, at invoice cost
of the services:
Field Crews for all surveying work at the
rate of One Hundred Dollars ($100.00) per
day.
2. Services under 11 A. 2 & 3 at the total payroll
cost of salaries and wages times a factor of 2.20
to provide for general overhead and profit plus
the actual cost of reimbursable expenses as de-
fined hereinafter.
3. The OWNER shall pay the ENGINEER for serving
as an expert witness at the rate of One Hundred
Fifty Dollars ($150.00) per day or any portion
thereof plus out of pocket expense. (It being under-
stood that any testimony necessary for the valid-
ation of bonds issued in regard to the subject PRO-
JECT shall be included in the fee for this PROJECT
and shall be no extra charge to OWNER.)
4. Reimbursable expenses shall mean the actual ex-
pense of transportation and subsistence of princi-
pals and employees when traveling in connection with
the PROJECT, field office expenses; Resident Pro-
ject Representative's subsistence and transportation,
toll telephone calls and telegrams, reproduction of
reports, drawings and specifications, and similar
Project related items.
5. Payments for additional services shall be made monthly,
upon presentation of ENGINEER'S detailed statement.
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c. GENERAL
1. Project construction cost to be used as a basis
for payment under paragraph V A. 2 shall be
based on one of the following sources with pre-
cedence in the order listed:
(a) The lowest acceptable bona fide contractor's
proposal.
(b) Total cost of all work performed as designed
or specified by the ENGINEER including mater-
ials, labor and equipment.
(c) The ENGINEER'S most recent cost estimate
for the PROjECT. All materials, labor, or
equipment furnished by the OWNER shall be
included at fair market value.
2. The PROJECT construction cost does not include the
ENGINEER'S Fee, the cost of the land, right-of-way,
or compensation for and/or damages to property
unless this Agreement so specifies, nor does it in-
clude the OWNER'S legal accounting, insurance
counseling services or interest charges incurred in
connection with the PROjECT.
3. If any portion of the PROJECT is not bid or put under
contract for a period of six (6) months after comple-
tion of the final design phase, the ENGINEERS com-
pensation under paragraph V A. 1 (b) shall be based
on one of the following sources with precedence in the
order listed:
(a) Lowest acceptable bona fide Contractor's
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proposal for such portion of the PROJECT.
(b) The ENGINEER'S most recent cost estimate
for such portion of the PROJECT.
4. The payroll cost of salaries and wages used as a
basis for payment under paragraph V B. 1 and 2
shall mean the cost of salaries and wages paid to
principals and employees engaged directly on the
PROJECT, including, but not limited to, engineers,
architects, surveymen, designers, draftsmen, spec-
ification writers, estimators, stenographers and
clerks, plus cost of fringe benefits including, but
not limited to, social security contributions, un-'
employment, excise and payroll taxes, workmen's
compensation, health and retirement benefits, bo-
nuses, sick leave, vacation and holiday'pay appli-
cable thereto.
5. If the ENGINEER'S most recent cost estimate for
the PROJECT or the lowest bona fide contractor's
proposal is in excess of any limit stated herein, the
OWNER shall give written approval of an increase in
the limit, or he shall cooperate in revising the PRO-
JECT'S scope or quality, or both, to reduce the cost
as required.
6. If this Agreement is terminated upon completion of
any phase of the ENGINEER'S services, the progress
payments to be made in accordance with paragraph
V A. 2(b) on account of that and all,prior phases
shall constitute total payment for services rendered;
if terminated during any phase of the work, the
ENGINEER shall be paid for services performed
during such phase on the basis of the estimate
rendered by a professional engineer/registered in Florida
of the OWNER'S
choice of that portion of the work that has been com-
pleted prior to termination. In the event of any
termination, the ENGINEER shall be paid all term-
inal expenses resulting therefrom plus payment for
additional service then due. Any primary payment
made under paragraph V A.2 (a) shall be credited
to any terminal payment due the ENGINEER.
If, prior to termination of this Agreement, any work
designed or specified by the ENGINEER during any
phase of the work is suspended in whole or in part
for more than three months, or abandoned, after
written notice from the OWNE R, the ENGINEER shall
be paid for services performed on account of it prior
to receipt of such notice from the OWNER as pro-
vided in paragraph V C. 6 for termination during any
phase of the work.
SECTION VI - GENERAL CONSIDERATIONS
A. Termination:
This Agreement may be terminated by either party by
seven (7) days written notice'in the event of substantial
failure to perform in accordance with the terms hereof
by the one party through no fault of the other party. If
this Agreement is so terminated, the ENGINEER shall
be paid ail provided in paragraph V C. 6.
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B. Ownership of Documents:
All documents, including original drawings, estimates,
specifications, field notes and data are and remain the
property of the ENGINEER as instruments of service.
The OWNER may, at its own expense, retain reproducible
copies of drawings and copies of other documents, in
consideration of which it is mutually agreed that the OWNE R
will use them solely in connection with the PROJECT, and
not for the purpose of making subsequent extensions or
enlargements thereto, save with the express consent of
the ENGINEER. Re-use for extensions of the PROJECT,
or for new projects, shall require permission of the
ENGINEER and shall entitle him to further compensation
at a rate to be agreed upon by OWNER and ENGINEER.
c. Estimates:
Since the ENGINEER has no control over the cost of
labOr and materials, or over the competitive bidding
and market conditions the estimates of construction cost
provided for herein are to be made on the basis of his
experience and qualifications but the ENGINEER does not
guarantee the accuracy of such estimates as compared to
the Contractors t bids or the PROJECT construction cost .
D. Arbitration:
Arbitration of all questions in dispute under this Agreement
shall be 'at the choice of either party and shall be in ac-
cordance with the rules of the American Arbitration Asso-
ciation. This Agreement shall be specifically enforceable
under the prevailing arbitration law and judgment upon the
award rendered may be entered in the court of the forum,
State or Federal, having jurisdiction. The decision of the
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arbitration shall be a condition precedent to the right
of any legal action
E. Successors and Assigns:
The OWNER and the ENGINEER each binds himself and
his partners, successors, executors, administrators
and assigns to the other party of this Agreement and to
the partners, successors, executors, administrators
and assigns of such other party, in respect to all covenants
of this Agreement; except as above, neither the OWNER
nor the ENGINEER shall assign, sublet or transfer his
interest in this Agreement without the written consent of
the other. Nothing herein shall be construed as creating
any personal liability on the part of any officer or agent
of any public body which may be a party hereto.
THIS AGREEMENT is made and entered into by authority of a
Motion of the City Council of the City of Clermont, Florida, passed in Reg-
ular Session this 13th day of December, A.D., 1966, 1966, a cer-
tified copy of the Minutes of said meeting is attached hereto.
IN WITNESS WHEREOF, the ENGINEER has caused these presents
and sealed by its I President and the City has caused these presents to be
signed by the City Manager and attested to, all the year and day first above
written.
CITY OF CLERMONT, FLORIDA
Attest:
City Manager
Title
MICHAELS EGINEERING COMPANY
By
Floyd Groo, President
AMENDMENT NO. 1
TO
CONTRACT AND AGREEMENT :made and entered into the 14th day of December,.
1966, by and between the CITY OF CLERMONT, FLORIDA and MICHAELS ENGINEERING'
COMPANY, ORLANDO, FLORIDA
This Amendment provides that the Engineer will:
(1) Submit a report once a month to the City with a copy to the Housing
and Urban Development Area Engineer, covering the general progress
of the job, and describing any problems or factors contributing to delay.
(2) Prepare and submit proposed contract change orders.,
(3) Certify partial payments to contractors. '
(4) Check contractors' and subcontractors' payrolls for compliance with the
labor provisions of the contract.
This Contract Amendment is made and entered into by authority of a motion of the
BOARD OF CITY COUNCILMEN of CLERMONT, FLORIDA, passed in Special
Session on the 29th day of April; 1970, a copy of ymich is attached
hereto, authorizing the Mayor and City Clerk to execute the same in behalf of the City.
IN TESTIMONY WHEREOF: The parties hereto have caused this Agreement to be
executed in duplicate the day and year first written above.
CITY OF CLERMONT, FLORIDA(Owner)
City Clerk
By
Mayor
ATTEST:
Date
MICHAELS ENGINEERING COMPANY
ATTEST:
By
Date
President
Resolutions
No. 128
A RESOI.lUTION AUTHORIZING MICHAELS ENG!NEERING COMPANY TO PERFORM CERTAIN
ENGINEERING SERVICES IN CONNECTION WITH THE SANITARY SEWER, COLLECTION
AND TREATMENT FACILITIES PROGRAM OF THE CITY OF CLERMONT, FLORIDA.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA
That Michaels Engineering Company is hereby authorized to perform
the necessary survey field work. engineering design, final engineering
drawings, specifications and contract documents, assessment plats
and assessment rolls for the proposed sewer lines, lift stations, and'
force mains as required to give sanitary sewer service to the City
of Clermont and the necessary Treatment Plant and Disposal Facilities,
all as indicated and as intended in the preliminary report as
presented to the City of Clermont, Florida, by Michaels Engineering
Company on November 30, 1964.
All work to be performed under the terms of the contract: between
the City of Clermont and Michaels Engineering Company, dated
December 14,1966.
Introduced and passsed by the City Council of the City of Clermont, Florida,
Attest
City Clerk
April l, 1971
Mr. Floyd Groo
Michae1s-Stiggins, Inc
3025 East South Street
Orlando, Florida 32803
Dear Floyd:
Today while going through some files I ran across a
letter dated September 8, 1966, a copy of which is
attached.
The letter refers to a contract which not only covers
the sewer program, but a broad category of general City
Engineering Services. Was that contract ever executed?
I can't find any sewer contract or sewer/other engineering
services contract in our files. Could you shed some
light 'on this and provide us with any contracts actually
executed along these lines?
Any help will be appreciated.
Sincerely,
Robert M Hopkins
City Manager
RMH:md
Attachment
Received
APR 5 1971
MICHAELS-STIGGINS, INC.
ENGlNEERS & ARCHITECTS
MICHAELS ENGINEERING COMPANY
CONSULTING ENGINEERS
MICHAELS BUILDING,
ORLANDO. FLORIDA
TELEPHONE 425-8691
September 8, 1966
Mr. Albert M. Johnson, City Manager
City of Clermont
City Hall
Clermont, Florida
Dear Albert:
Enclosed please find two copies of the contract for Engineering Services
with the City of Clermont which you had requested.
This is a copy which was distributed to the Council some time ago and of
which all Council Members should have copies.
This contract, as you will note, not only covers the sewer program but a
broad category of general City Engineering Services. This type of contract
was evolved after several discussions with the past City Manager,
as the type of contract desirable for the City.
After yours and Council's review I would be most happy to meet and dis-
cuss questions which might arise.
Very truly yours,
MICHAELS ENGINEERING CO.
Floyd Groo
FG/ob
Enclosures
GENERAL RELEASE
WHEREAS, The City of Clermont, Florida, in t he early 1960's
planned the construction of a centralized sewerage collection and treatment
plant, and
WHEREAS, in conjunction with those plans, the City of Clermont
entered into a contract dated December 14, 1966 with Michaels Engineering
Co. (now called Michaels-Stiggins, Inc., Engineers and Architects) ,
employing such engineers a s city engineers and consulting engineers in
connection with the sewerage collection and disposal project under considera-
tion by the City of Clermont, and
WHEREAS, Michaels Engineering Co. agreed to provide services,
including, but not limited to, providing consultation and advice as to the
necessity of providing or obtaining other services such as probings or sub-
surface explorations and to act as the City's representative in connection with
any such services and to provide services in conjunction with'the preliminary
design phase, the final design phase and the construction phase, and
WHEREAS, in conjunction with these duties, the engineers retained
Ardaman & Abel, Inc., a/k/a Ardaman & Associates, Inc., Ardaman Industries,
lnc. and Ardaman & Associates, hereinafter referred to as Ardaman & Associates,
to evaluate the site chosen for the plant and to decide whether or not a sand
strata existed and if percolation would be adequate to fulfill the planned needs
of said facility, and
WHEREAS, Ardaman & Associates provided a report dated February 24,
1970 stating that the site would percolate 600,000 gallons per day which would
be the plant's capacity, knowing that it would be relied upon by engineers, and
WHEREAS, it was later discovered that the plant would, in fact,
percolate something less than 200,000 gallons per day, and
WHEREAS, Ardaman & Associates prepared a subsequent report, dated
June 21, 1972, confirming the fact that something less than 200,000 gallons per
day would percolate at that location, and
WHEREAS, the engineers after receiving the first aforementioned
report of Ardaman & Associates dated February 24, 1970, relied on that
report and its findings in progressing with their duties relating to design
and construction of the sewerage collection and treatment plant, and in
advising the City regarding the advisability of proceeding according to the
plans, design and construction prepared by and supervised by the engineers,
and
WHEREAS, the City of Clermont has been and will be forced to
incur expenses in connection with but not limited to construction costs of
percolation ponds, spray irrigation investigation, construction of a borrow
pit to be used as a temporary facility, use of certain property as a temporary
facility, obtaining engineering reports on temporary facilities, energy costs
for temporary facilities and the increase in capacity of the treatment facility
from its present capacity to 600,000 gallons per day, and
WHEREAS, the City of Clermont is claiming negligence and breach of
contract on the part of the engineers in their performance of the aforementioned
duties, and
WHEREAS, Michaels-Stiggins, Inc., Engineers and Architects, is
insured against such claims by Continental Casualty Company policy containinq
a ground testing and subsurface survey endorsement, and
WHEREAS, the City of Clermont and Michaels-Stiggins, Inc. , Engineers
and Architects, and the Continental Casualty Company, being desirous of settling
and compromis ing the cla ims between them, ha ve reached a settlement pursuant
to .which the City of Clermont has agreed to accept the sum of FIFTY THOUSAND
DOLLARS ($50,000.00) from Continental Casualty Company, as insurer of
Michaels-Stiggins, Inc. , Engineers and Architects, in exchange for the release
and contract as aforesaid described, said payment by Continental Casualty
Company as insurer of Michaels-Stiggins, Inc. , Engineers and Architects,
being in compromise and settlement of any and aIl claims In any way arising
out of the aforesaid alleged acts of negligence and/or breach of contract,
allegedly resulting in the damages cIaimed by the City of Clermont, including
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any claims not now known or contemplated which the City of Clermont has
or may have hereafter against Michaels-Stiggins, Inc., Engineers and
Architects, Ardaman & Associates, and the Continental Casualty Company
as insurer of Michaels-Stiggins, Inc., Engineers and Architects, and has
furthermore agreed to execute this release in consideration of the said
payment, and
WHEREAS, it is specifically understood between the parties that
this payment by Continental Casualty Company is to discharge the common
liability of the aforesaid persons and parties to be released, so as to entitle
Continental Casualty Company and Michaels-Stiggins, Inc., Engineers and
Architects, to pursue their claim or claims for contribution pursuant to the
Uniform Contribution Among Tortfeasors Act, Florida Statute 768. 3l, against
Ardaman & Associates, and any insurer of said party, and to pursue a claim
for common law indemnity against Ardaman & Associates, and any insurer of
sa id party.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the
said and undersigned City of Clermont, for and in consideration of the sum
of FIFTY THOUSAND DOLLARS ($ 50,000.00) in hand paid, receipt of which
is hereby acknowledged, hereby remises, releases and forever discharges
Michaels-Stiggins, Inc., Engineers and Archetects, Continental Casualty
Company, and Ardaman & Associates, and its insurers, if any, and any
persons, firms or corporations in privity with them, from any and all matters
of action, causes of action, suits, sums of money, trespasses, agreements,
controversies, damages, cIaims and demands whatsoever which against the
aforesaid persons, or corporations in privity with them, including insurance
carriers, the undersigned City of Clermont, or its representatives, ever had,
now have or can or may have by reason' of the said injuries to the City of
Clermont resulting from the alleged breach of contract or negligence or other-
wise, and resulting damages to the City of Clermont, or by reason of any
matter, cause or thing whatsoever from the beginning of the world to the date
of these presents.
IN WITNESS WHEREOF, the undersigned City of Clermont by its
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indicated representative, has set its hand and seal this 8th day
of June, 1976.
THE CITY OF CLERMONT
By
STATE OF FLORIDA
COUNTY OF LAKE
BEFORE ME, the undersigned authority, personally appeared
known to me to be
the
of the City
of Clermont, and who executed the foregoing General Release in that capacity,
and who acknowledged before me that he executed the same freely and
voluntarily for the uses and purposes therein expressed.
WITNESS my hand and official seal at
in said County and State this
day of
, 1976.
Notary Public - State of Florida
My Commission Expiers:
(NOTARIAL SEAL)
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